Being involved in a car accident is never an enjoyable experience. When someone is considered at fault for an accident that resulted in a death, the situation becomes even more distressing, especially if the driver believed the other person could have been at fault. Drunk driving accidents resulting in a death can be especially difficult to conclude as all parties involved are unable to give their accounts of the accident.
A North Carolina man involved in an accident is suing the surviving estate of a man killed in the car crash after evidence suggested that the deceased could have been at fault for the accident and not the surviving victim. The case first suggested that the survivor’s vehicle crossed into oncoming traffic causing a collision that killed the other driver. However, the charges were dropped after further evidence suggested that the deceased was the driver who failed to maintain his lane and that his blood alcohol level was over three times the legal limit.
Not only is the man seeking a claim against the decease’s estate for the serious injuries he sustained but also against the bar at which the deceased had been drinking before the accident. The victim claims that the bar continued to serve the deceased alcoholic beverages even after it was apparent that he was intoxicated. The case the victim is currently pursuing could prove that the bar was at least partly responsible for the accident.
The surviving victim is currently seeking compensation for damages involved in the accident. It could be difficult to determine whether bars could be considered partly at fault for drunk driving accidents, but if evidence suggests that this North Carolina bar was irresponsible in its serving of alcohol or any other activities that could leave the proprietors at fault, the man may be entitled to reparations. As the deceased was deemed at fault for the accident, the survivor’s personal injury claim against his estate possibly has a higher chance of success.
Source: insurancejournal.com, “Former North Carolina Lawmaker Sues Driver, Bar Over Crash,” July 25, 2013